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Jake Richards: Worboys’ release quashed

On 28th March 2018 a three-judge panel of the Divisional Court gave its decision in R (DSD & Ors) v The Parole Board of England and Wales [2018] EWHC 694 (Admin), ruling that the Parole Board’s decision to direct the release of…

The Dekagram 9th May 2023

In all the excitement this week – yes, the inaugural Deka Chambers Eurovision Sweepstake was drawn on Thursday – you could be forgiven for missing an important decision on the recoverability of Spanish penalty interest, considered below. And it’s also worth bearing…

The Dekagram 12th December 2022

It’s almost as if the team has the ear of the High Court; only the other day we were wondering amongst ourselves why people sometimes make Part 36 offers within 21 days of trial, and what the point of it might be,…

In public law proceedings, where the final care plan is for a child to remain at home with their parent(s), should the court make a care or supervision order?

The court allowed this appeal, making supervision orders in place of care orders for the children who are placed at home. The court addressed the fact that this issue was being approached differently based on whether the court was North or West,…

Corporate Insolvency and Governance Act 2020

UK insolvency landscape permanently changed by the Corporate Insolvency and Governance Act 2020 (“the 2020 Act”). On 26 June 2020 the Corporate Insolvency and Governance Act 2020 (“the 2020 Act”) finally entered into force.  Now it is in its final form,…

Compensation Recovery Unit Overpayments declared incompatible with the European Convention on Human Rights in certain circumstances

Since at least 2003, when the judgment in Lowther v Chatwin [2003] EWCA Civ 729 was handed down, the Courts have been alive to a limited set of circumstances in which the Social Security (Recovery of Benefits) Act 1997 (“the 1997 Act”)…

The Dekagram: 21st August 2023

What do you do when you realise you’ve made a mistake as to the value of a claim? This was the dilemma facing the claimant in Francis v Surrey & Sussex Healthcare NHS Trust [2023] 7 WLUK 570, whose claim for loss…

Foreign Law as an Issue of Fact: Perry v Lopag Trust and another (No.2) (Cayman Islands) [2023] UKPC 16

A recent judgment of the Privy Council explores the interplay between two principles on appeal. First, findings of fact are notoriously difficult to appeal, the appellate courts taking the understandable view that the judge at first instance was in a better position…

Case and Costs Management: the Unhappy Bedfellows

Written by Paul Stagg, Barrister¹ The coronavirus lockdown has had many effects. Many people are saying that spending much more time with a significant other than either of them is accustomed to brings into sharp focus just how well they are suited…

The Dekagram: 3rd July 2023

This week the team has been reflecting on the difference between complying with the letter of the law and with the spirit of it. The former is of course of paramount importance; but to what extent is the latter also significant? We…

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